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The National Labor Relations Act › Collective Bargaining Agreements (CBA) › Administrative Law Judge (ALJ)

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Husch Blackwell LLP

Deauthorization – A Win for Employees and a Path to Right to Work Under the NLRA

Husch Blackwell LLP on

On June 11, 2024, the National Labor Relations Board (NLRB) issued a very short but interesting decision in Governed United Security Professionals (Golden SVCS, LLC) and Sheldon N. Fraser, 373 NLRB No. 66 (June 11, 2024),...more

Littler

D.C. Circuit: NLRB Must Weigh Contract-Based Defenses and Enforce Lawful CBA Provisions

Littler on

The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of...more

Fisher Phillips

Sellers Beware: NLRB Expands Employer Requirements to Provide Sales Agreement to Union

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In a recent decision, the National Labor Relations Board gave unions greater access to sales agreements under the employer’s duty to provide relevant information so as to meaningfully engage in effects bargaining. The August...more

Payne & Fears

Key California Employment Law Cases: July 2021

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Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021) Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more

Littler

Aggressive vs. Bad Faith Bargaining: Where is the Line?

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The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by failing and refusing to...more

Jackson Lewis P.C.

NLRB Finds Aggressive Bargaining Proposals Not Unlawful

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An Administrative Law Judge’s (ALJ) findings that an employer engaged in bad faith bargaining and unlawfully withdrew recognition from the union has been overruled 2-1 by a panel of the National Labor Relations Board (NLRB)....more

Proskauer - Labor Relations Update

NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith

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In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Sports, Drugs, and Pensions

Morrison & Foerster LLP - Left Coast Appeals on

This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship.  In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more

Proskauer - Labor Relations Update

NLRB Restores Precedent, Gives Employers Freedom to Unilaterally Discipline Union Employees Between Certification and First...

Proskauer - Labor Relations Update on

The National Labor Relations Board continues to overrule Obama-Board precedent at a rapid pace. On June 23, 2020, in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109, the Board...more

Jackson Lewis P.C.

Top Five Labor Law Developments For January And February 2020

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1.The Trump Administration announced its intent to re-nominate National Labor Relations Board (NLRB) member Marvin Kaplan and former member Lauren McFerran. President Donald Trump is preparing a nomination package to ensure...more

Littler

NLRB Returns to Time-Honored Standard for Post-Arbitral Deferral

Littler on

The National Labor Relations Board recently overturned a decision issued in 2014 and returned to its time-honored standard for post-arbitral deferral in unfair labor practice cases alleging discipline or discharge in...more

Sheppard Mullin Richter & Hampton LLP

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

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The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

Proskauer - Labor Relations Update

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

Proskauer - Labor Relations Update on

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

Ballard Spahr LLP

NLRB Revives Prior Standard on Arbitral Deference

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On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more

Polsinelli

Tis the Season: NLRB Reverses Multiple Obama Board Decisions

Polsinelli on

Tis the season to be jolly, and the National Labor Relations Board (“NLRB” or “Board”) was in an especially giving mood for employers over this past week.  In the span of five days, it reversed several Obama era...more

Jackson Lewis P.C.

Labor Board: Unions Waived Right To Bargain Over Changes To Retiree Medical Benefits

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has held that an employer did not violate the National Labor Relations Act (NLRA) when it unilaterally changed retirees’ medical benefits without first negotiating with the unions...more

Proskauer - Labor Relations Update

NLRB Tips Scales in Favor of Employers When Drawing Distinctions Between Claims of “Inability to Pay” Versus “Competitive...

Proskauer - Labor Relations Update on

In recent weeks, the National Labor Relations Board has issued several employer-friendly decisions, and its September 13 decision in Arlington Metals Corp., 368 NLRB No. 74 (2019) was no exception. In Arlington Metals, the...more

Husch Blackwell LLP

NLRB Expands Employers’ Right To Exclude Nonemployee Union Solicitations On Private Property

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On September 6, 2019, the NLRB (Board) issued the decision, Kroger Limited Partnership I Mid-Atlantic and United Food and Commercial Workers Union 400 (Kroger decision), which overruled Sandusky Mall Co., and limited the...more

Proskauer - Labor Relations Update

Board Affirms Right to Unilaterally Implement Changes to Benefit Plans Based on Waiver, Foreshadowing Potentially Looser Standard...

Proskauer - Labor Relations Update on

The NLRB continues to churn out decisions post-Labor Day. On September 4, in a 2-1 decision, (Chairman Ring and Member Kaplan, with Member McFerran dissenting), the NLRB found that E.I. DuPont De Nemours did not violate the...more

Sheppard Mullin Richter & Hampton LLP

It’s OK to Be Different- NLRB Rules That Union Represented Employees Are Not Entitled to Midterm Bargaining Over Same Paid Holiday...

Sheppard Mullin Richter & Hampton LLP on

Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees who are covered by a collective bargaining...more

Proskauer - Labor Relations Update

Employer’s Grant of Extra Holiday to All Employees Except Those Represented by Union Not Unlawful, NLRB Rules

Proskauer - Labor Relations Update on

Employers with union-represented employees also always have non-union employees, whether working in the office or at another worksite. Invariably, there are differences between the wages, benefits, and terms and conditions of...more

Littler

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

Littler on

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Proskauer - Labor Relations Update

NLRB Majority: Employer Not Required To Disclose Identity Of Bargaining Unit Informant

Proskauer - Labor Relations Update on

An employer’s duty to provide information to the union representing its employees is a frequent of topic of interest to labor relations practitioners because it is very easy to violate the law. For example, an employer’s...more

Seyfarth Shaw LLP

Between a Rock and a Hard Place: NLRB Finds Employer Violated NLRA in Implementing ACA

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Seyfarth Synopsis: In a unanimous decision, a three-member panel of the NLRB found that a cab company violated the NLRA by changing the length of the waiting period for employee health insurance from one year to sixty days....more

Seyfarth Shaw LLP

Giving the Unions Their Dues: NLRB ALJ Finds Partial Preemption of Wisconsin Right-to-Work Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: Administrative Law Judge found that the NLRA preempts part of Wisconsin’s right-to-work law that restricts employers from deducting union dues directly from employees’ paychecks....more

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